Amend SB 1539, on third reading, as follows:
(1) In SECTION 7 of the bill, in amended Subsection (b)(10),
Section 42.041, Human Resources Code (House Committee Report, page
8, line 15), between "registered" and "as", insert "or listed".
(2) In SECTION 7 of the bill, in amended Subsection (b),
Section 42.044, Human Resources Code (House Committee Report, page
16, line 8), immediately following the first sentence, insert "The
department shall investigate a listed family home when the
department receives a complaint of abuse or neglect of a child, as
defined by Section 261.001, Family Code.".
(3) In SECTION 7 of the bill, in the amended heading of
Section 42.046, Human Resources Code (House Committee Report, page
17, line 16), between "LICENSE" AND "OR", insert ",LISTING,".
(4) In SECTION 7 of the bill, in amended Subsection (a),
Section 42.046, Human Resources Code (House Committee Report, page
17, line 18), between "for a" and "registration", insert "listing
or".
(5) In SECTION 7 of the bill, in amended Subsection (b),
Section 42.046, Human Resources Code (House Committee Report, Page
17, line 24), between "standards" and the period, insert ", if
applicable".
(6) In SECTION 7 of the bill, in amended Subsection (c),
Section 42.046, Human Resources Code (House Committee Report, page
18, line 2), between "children" and the period, insert ", if
applicable".
(7) In SECTION 7 of the bill, in amended Subsection (a),
Section 42.047, Human Resources Code (House Committee Report, page
18, line 9), immediately before "registration,", insert "listing,".
(8) In SECTION 7 of the bill, in amended Subsection (a),
Section 42.047, Human Resources Code (House Committee Report, page
18, line 10), between "licensing," and "registration,", insert
"listing,".
(9) In SECTION 7 of the bill, in amended Subsection (e),
Section 42.049, Human Resources Code (House Committee Report, page
20, line 25), strike "or registered family home" and substitute "or
a listed or registered family home".
(10) In SECTION 7 of the bill, strike amended Section
42.052, Human Resources Code (House Committee Report, page 21, line
25, through page 23, line 12), and substitute the following:
Sec. 42.052. CERTIFICATION, LISTING, AND REGISTRATION.
(a) A state operated child-care facility or child-placing agency
must receive certification of approval from the department
<division>. The certification of approval remains valid until
revoked or surrendered.
(b) To be certified, a facility must comply with the
department's rules and standards and any provisions of this chapter
that apply to a licensed facility of the same category. The
operator of a certified facility must display the certification in
a prominent place at the facility.
(c) A family home that provides care for compensation for
three or fewer children, excluding <the caretaker's own> children
who are related to the caretaker, shall list with the department if
the home provides regular care in the caretaker's own residence.
The home may register with the department <division>.
(d) A family home that provides care for four or more
children, excluding <the caretaker's own> children who are related
to the caretaker, shall<, must> register with the department
<division>. A family home that provides care exclusively for any
number of children who are related to the caretaker is not required
to be listed or registered with the department.
(e) A registration or listing remains valid until revoked or
surrendered. The operator of a registered home must display the
registration in a prominent place at the home.
(f) <(d)> To remain listed or registered with the
department <division>, a family home must comply with the
department's rules and standards, if applicable, and any provision
of this chapter that applies to a listed or registered family home.
(g) <(e)> The certification requirements of this section do
not apply to a Texas Youth Commission <Council> facility, a Texas
Juvenile Probation Commission facility, or a facility providing
services solely for the Texas Youth Commission <Council>.
<(f) A family home may not place a public advertisement that
uses the title "registered family home" or any variation of the
phrase unless the home is registered with the division under this
chapter. Any public advertisement for a registered family home
which uses the title "registered family home" must contain a
provision in bold type stating: "THIS HOME IS REGISTERED WITH THE
DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES BUT IS NOT
LICENSED OR INSPECTED.">
(h) <(g)> The certification requirements of this section do
not apply to a juvenile detention facility certified under Section
51.12, Family Code, or Section 141.042(d).
(i) The department shall provide to a listed family home a
copy of the listing. A listing must contain a provision that
states: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR
REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY
SERVICES. IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED."
The operator of a listed home is not required to display the
listing in a prominent place at the home but shall make the listing
available for examination. The department by rule shall provide
for a sufficient period to allow operators of family homes to
comply with the listing requirement of this section.
(j) The operator of a listed family home shall undergo
initial and subsequent background and criminal history checks
required under Section 42.056.
(k) The department shall issue a listing or registration to
a family home, as appropriate, in both English and Spanish when the
most recent federal census shows that more than one-half of the
population in a municipality or in a commissioners precinct in a
county in which the family home is located is of Hispanic origin or
Spanish-speaking.
(11) In SECTION 7 of the bill, in amended Section 42.054,
Human Resources Code (House Committee Report, page 26, lines 8-16),
strike Subsections (e) and (f) and substitute the following:
(e) The department <division> shall charge each family home
that is listed or registered with the department <division> an
annual <registration> fee <of $35> to cover a part of the
department's cost in regulating family homes. The amount of the
fee is $20 for a listed home or $35 for a registered home. The fee
is due on the date on which the department initially lists or
<division> registers the home and on the anniversary of that date.
(f) If a facility, agency, or home fails to pay the annual
<license or registration> fee when due, the license, listing, or
registration, as appropriate, is suspended until the fee is paid.
(12) In SECTION 7 of the bill, in proposed Subsection (a),
Section 42.056, Human Resources Code (House Committee Report, page
28, line 10), immediately before "registering", insert "listing
or".
(13) In SECTION 7 of the bill, in proposed Subsection (a),
Section 42.056, Human Resources Code (House Committee Report, page
28, line 11), between "license," and "registration,", insert
"listing,".
(14) In SECTION 7 of the bill, in proposed Subsection (c),
Section 42.056, Human Resources Code (House Committee Report, page
29, line 5), between "or" and "family", insert "registered".
(15) In SECTION 7 of the bill, in the heading of amended
Section 42.072, Human Resources Code (House Committee Report, page
30, line 22), between "LICENSE" and "OR", insert ", LISTING,".
(16) In SECTION 7 of the bill, strike amended Subsection
(a), Section 42.072, Human Resources Code (House Committee Report,
page 30, lines 23-25 through page 31, lines 1-5), and substitute
the following:
(a) The department <division> may suspend, deny, <or>
revoke, or refuse to renew the license, listing, registration, or
certification of approval of a facility or family home that does
not comply with the requirements of this chapter, the standards and
rules of the department, or the specific terms of the license,
listing, registration, or certification. The department may revoke
the probation of a person whose license, listing, or registration
is suspended if the person violates a term of the conditions of
probation.
(17) In SECTION 7 of the bill, in amended Subsection (c),
Section 42.072, Human Resources Code (House Committee Report, page
32, lines 16 and 17,) immediately before "registration" each time
the term appears in the subsection, insert "listing,".
(18) In SECTION 7 of the bill, in proposed Subsection (d),
Section 42.072, Human Resources Code (House Committee Report, page
32, line 22), between "or for" and "registering", insert "listing
or".
(19) In SECTION 7 of the bill, in proposed Subsection (d),
Section 42.072, Human Resources Code (House Committee Report, page
32, line 24), immediately before "registration", insert "listing
or".
(20) In SECTION 7 of the bill, in proposed Subsection (e),
Section 42.072, Human Resources Code, as added by Floor Amendment
No. 2 (Swinford), in the first sentence, between "license" and "or
registration", insert ", listing,".
(21) In SECTION 7 of the bill, in amended Section 42.072,
Human Resources Code (House Committee Report, page 32, after line
25), insert the following:
(f) The department shall deny an application or renewal for
listing or registering a family home or shall revoke a family
home's listing or registration if the results of a background or
criminal history check conducted by the department under Section
42.056 show that a person has been convicted of an offense under
Title 5 or 6, Penal Code, or Chapter 43, Penal Code.
(22) In SECTION 7 of the bill, in amended Subsection (a),
Section 42.073, Human Resources Code (House Committee Report, page
33, line 3), between "home's" and "registration", insert "listing
or".
(23) In SECTION 7 of the bill, in amended Subsection (b),
Section 42.073, Human Resources Code (House Committee Report, page
33, line 12), between "license" and "or", insert ", listing,".
(24) In SECTION 7 of the bill, in amended Subsection (b),
Section 42.073, Human Resources Code (House Committee Report, page
33, line 15), between "license" and "or", insert ", listing,".
(25) In SECTION 7 of the bill, in amended Subsection (d),
Section 42.073, Human Resources Code (House Committee Report, page
33, line 19), between "license" and "or", insert ", listing,".
(26) In SECTION 7 of the bill, in amended Subsection (a),
Section 42.074, Human Resources Code (House Committee Report, page
33, line 25, and page 34, line 1), immediately following
"certification," each time the term appears in the subsection,
insert "listing,".
(27) In SECTION 7 of the bill, in amended Subsection (a)(3),
Section 42.075, Human Resources Code (House Committee Report, page
35, line 9), between "or" and "unregistered", insert "an unlisted
or".
(28) In SECTION 7 of the bill, in amended Subsection (b),
Section 42.076, Human Resources Code (House Committee Report, page
35, line 17), immediately before "registration", insert "required
listing or".
(29) In SECTION 7 of the bill, in amended Subsection (c),
Section 42.076, Human Resources Code (House Committee Report, page
35, line 19), between "an" and "unregistered", insert "unlisted
or".
(30) In SECTION 7 of the bill, in amended Subsection (a),
Section 42.077, Human Resources Code (House Committee Report, page
36, line 9), between "home's" and "registration", insert "listing
or".
(31) In SECTION 7 of the bill, in amended Subsection (b),
Section 42.077, Human Resources Code (House Committee Report, page
36, lines 15 and 16), immediately following "license" each time the
term appears in the subsection, insert ", listing,".
(32) In SECTION 7 of the bill, in amended Subsection (c),
Section 42.077, Human Resources Code (House Committee Report, page
36, line 23), strike "registering" and substitute "listing,
registering,".
(33) In SECTION 7 of the bill, in amended Subsection (d),
Section 42.077, Human Resources Code (House Committee Report, page
37, line 2), between "license" and "or", insert ", listing,".
(34) In SECTION 7 of the bill, in amended Subsection (d),
Section 42.077, Human Resources Code (House Committee Report, page
37, line 7), between "license" and "or", insert ", listing,".
(35) In SECTION 7 of the bill, in amended Section 42.077,
Human Resources Code (House Committee Report, page 37, between
lines 8 and 9), insert the following:
(e) When the most recent federal census shows that more than
one-half of the population in a municipality or in a commissioners
precinct in a county in which a family home whose listing or
registration has been revoked or suspended is located is of
Hispanic origin or Spanish-speaking, the department shall publish
the notice under Subsection(a) in both English and Spanish.
(36) Add the following appropriately numbered SECTION to the
bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter C, Chapter 42, Human Resources
Code, is amended by adding Section 42.0522 to read as follows:
Sec. 42.0522. PUBLIC ADVERTISING OF FAMILY HOMES. (a) A
family home may not place a public advertisement that uses the the
title "registered family home" or any variation of the phrase
unless the home is registered under this chapter. Any public
advertisement for a registered family home that uses the title
"registered family home" must contain a provision in bold type
stating: "THIS HOME IS REGISTERED WITH THE DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES BUT IS NOT LICENSED OR REGULARLY
INSPECTED."
(b) A family home may not place a public advertisement that
uses the title "listed family home" or any variation of the phrase
unless the home is listed as provided by this chapter. Any public
advertisement for a listed family home that uses the title "listed
family home" must contain a provision in bold type stating: "THIS
HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED
WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. IT HAS
NOT BEEN INSPECTED AND WILL NOT BE INSPECTED."